"Your honor, there's nothing else to do but dismiss this case," said O'Connell.

"I think the tone you've taken with me tonight is one of hostility, as if I'm somehow here to undermine your program," said Smith.

That program is called Drive Safe Louisville, and it was created by the County Attorney's Office at the start of this year.

Drivers who are ticketed in Jefferson County for minor driving offenses can pay to take the course, and if they complete it, their case is supposed to be dismissed and their court costs dropped.

Timothy Higgons took it after getting a speeding ticket last month.

"I thought it was a very good program, very thorough program," said Higgons.

But Higgons still received a letter from the court of Judge Smith telling him he had to pay court costs.

"We do not believe it is legal or authorized by the statute or any other law to impose court costs on people who have responded to this, such as Mr. Higgons here," said O'Connell.

That's why O'Connell was in Smith's courtroom for Higgon's case Tuesday night. O'Connell said the judge is one of the few not playing fair.

"To my knowledge, there is no other district judge in the state of Kentucky, perhaps maybe one other one here in Jefferson County, who is imposing court costs on the dismissals of these cases," said O'Connell.

Smith likens Drive Safe Louisville to a marijuana education program the county provides for defendants charged with possession.

The person can catch a break if they plead guilty, complete the course and pay court costs.

"Court costs should be imposed across the board. Either they are imposed across the board or they shouldn't be imposed at all," said Smith.

The judge said the county attorney's office also never conferred with the court before telling drivers they weren't responsible for fees.

O'Connell said he wants to make sure every driver coming through the courts in Jefferson County is getting the same treatment as those throughout the state.

"I was a judge myself. I was a district and circuit judge. I understand the role of a judge and she simply is wrong," said O'Connell.

The course fee is $150 and the county attorney's office gets about $75 of that.

O'Connell now plans to file a written motion asking this case be dismissed. He has also been given the option to appeal.

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